Archives for December 2006

With the holiday season and the New Year upon us, we have an opportunity to take a look back at the year that was and consider what we may expect in Canadian immigration in the year ahead.

A Year in Review

With 2006 now in the rear view mirror, it is a good chance to take stock of the changes we saw to Canadian immigration policy and practice. Overall we saw a lot of positives for those interested in coming to Canada and the proof is in the numbers. Canada received approximately 250 000 new permanent residents in 2006, and Citizenship and Immigration Canada has approved a new target of up to 265 000 for 2007. We have also seen increases in temporary workers and foreign students.

In particular however the dominant trend of 2006 was a shift towards tailoring immigration to the labour market needs of different provinces. One aspect of this is in expansions of the Provincial Nomination Program (PNP), which began in 2002. The program allows provinces to nominate individuals to immigrate who will contribute to the province’s economic development, allowing these immigrants to move to Canada more easily.

Complimenting this pre-existing program is the introduction earlier this year of regional Occupations Under Pressure lists. Employers seeking to hire foreign workers in the occupations specified for their program face reduced bureaucratic requirements, and the individuals’ applications are expedited. The program began in British Columbia, Alberta and Saskatchewan, and has since expanded to Ontario.

The past year also saw some changes for immigrants who have already arrived in Canada. In Ontario, the Fair Access to Regulated Professions Act was recently passed, including measures to improve the recognition of foreign credentials, along with funding for retraining. International students have also seen welcome changes, in the form of work-permits that allow them to qualify for employment at any organization, where previously they were restricted to on-campus jobs.

A Look at Things to Come

What will 2007 bring for Canadian immigration? In the absence of a crystal ball, there are a few trends we can expect. One is a continued rise in immigration to Canada, as Citizenship and Immigration Canada has already approved a rise in the target range for permanent residents. With the programs mentioned above such as Provincial Nominee Programs and Regional Occupations Under Pressure list, we may also expect a surge in temporary workers.

Some structural changes to the government departments that handle immigration are expected to result from the Arar inquiry. The report by Justice O’Connor recommended that Citizenship and Immigration Canada, the Canada Border Services Agency and the Department of Foreign Affairs and International Trade, along with several other departments regulating the flow of people in and out of Canada should now be overseen by an independent review board. While this change would not have any immediate implications for immigration, it represents an increasing integration between security and immigration agencies.

Lastly, with a minority government in power, we can expect a federal election sometime in the upcoming year. While only immigrants with Canadian citizenship may vote in the election, as the parties vie for votes within their communities, elections are a good opportunity for immigrants to have their voices heard by government. Ontario, home to half of the immigrants who arrive in Canada each year, has moved to a system of fixed election dates and will go to the polls in late 2007.

The province of Nova Scotia unveiled on Tuesday the Family Business Worker stream of applicants for the Provincial Nomination Program. The program will allow immigrants with family members who will provide them with jobs in family businesses to come to Canada more easily.

Under the Provincial Nomination Program, provincial governments can select immigrants that meet their economic needs. The new program in Nova Scotia is open to individuals with a guaranteed permanent job offer from an employer who is a close relative and has an established business in Nova Scotia. The position must meet minimum employment standards and pay at least $20 000 per year. Priority is also given to applicants whose family members demonstrate further willingness and ability to support the applicant and their dependents settle in Nova Scotia.

Family members eligible to come here under the program must be the business owner’s child, grandchild, sibling, niece or nephew, or aunt or uncle. Employers must own at least 33 per cent of the business, which should be under the same management for the past two years.

The Family Business Worker program combines the principles of economic class immigrants with family sponsorship. Those who qualify for the program have the resources and stability for a smooth transition. As Wadih Fares, a businessman from Nova Scotia and honorary Lebanese consul put it, “they do have a job, they do have the family (and) they do have the social fabric” that every newcomer needs.

The program looks to help immigrants to Canada to provide a helping hand to their family. Ron Heisler of Citizenship and Immigration Canada described the process. One man moved here “sort of helped by his brother-in-law,” said Mr. Heisler, which then “led to two more brothers coming, and all of their wives and children and now some of their in-laws. It’s just growing.”

The Honourable Monte Solberg, Minister of Citizenship and Immigration Canada (CIC) announced this month a plan to extend Off-Campus work permits for foreign students to students at private institutions.

The Off-Campus Work Permit program is currently only available to students at publicly funded universities and colleges that choose to participate in the program. Without these permits, international students are restricted to employment on their university or college campus. With the new pilot project, the program will be extended to students at approximately 75 private academic institutions. The project is restricted to those private institutions which are authorized by their provincial government to confer degrees.

Minister Solberg described the program as a win-win situation. We want to help more international students get the Canadian work experience they need to adjust to life in Canada, particularly if they wish to stay. These students will be part of a significant labour pool from which regions facing labour shortages could draw.

CIC launched the Off-Campus Work Permit program in April of this year following a similar private project. Over 8300 international students have taken advantage of the opportunity thus far. The permits do not restrict the type of job a student may take, but do ensure that it remain part-time and not take precedence over studies.

Upon request, Citizenship and Immigration Canada (CIC) will provide a full refund to those who have provided advance payment for Right of Landing fees with parent or grandparent sponsorship applications.

The Right of Landing fee is not required until a visa is actually issued. The concern however is that the individuals seeking to sponsor their family member may have misconstrued the information in the CIC sponsorship guide as implying that advance payment would lead to faster processing. The guide suggests that if the applicant provides the fee with the earlier documents, they save the step in the process later on where they must submit payments. This does not however mean a faster processing time for the application.

With the queue for applications at approximately 100 000, parent/grandparent sponsorships face a long wait. In recognition of any possible confusion, CIC has volunteered to refund any advance payments of Right of Landing fees upon request until the time of visa issuance, when the payment is required.

Hassan Samimifar is bitter, and it is hard to blame him for feeling that way.

Mr. Samimifar, an Iranian national, arrived in Canada 21 years ago and immediately applied for refugee status. Until 2003 he was waiting for an answer. When his file was finally addressed, his application was refused. After an immigration hearing scheduled for early December, Samimifar could be deported to Iran by early 2007.

The time it takes to complete the processing of a Canada Immigration (Permanent Resident) Visa under the Skilled Worker / Professional category can be lengthy. A Canadian job offer can help speed it up.